The former commissioner of the Kendleton Police Department was found guilty Wednesday of 52 charges stemming from what federal prosecutors called his and another official's use of U.S. 59 as their "own private toll road."

Sam Jimmie Mann Jr., 64, who told jurors he had never stolen anything, was found guilty of conspiracy, mail fraud, wire fraud, misuse of grant money and extortion.

He was taken into custody by federal marshals after the verdict was returned.

Defense attorney Thomas Berg said he planned to appeal. "We are disappointed. It was a hard-fought case and a difficult case," Berg said Wednesday.

Sentencing in May

Mann faces a maximum of five years for the convictions on charges of conspiracy to commit extortion, mail fraud, wire fraud and making false statements to a government agency. He faces 20 years in prison on the extortion convictions, and five years in prison on each of the wire fraud counts.

Sentencing has been scheduled for May 5.

Another former Kendleton police captain, Gerald Davis, 42, was to have stood trial with Mann. But Davis pleaded guilty Jan. 27 to one of the charges and testified for the prosecution at Mann's trial, saying he stole money that the two split.

Mann sat emotionless, rocking slightly in his chair, while the clerk read each count and the guilty verdicts.

He was to have remained free until being sentenced, but Assistant U.S. Attorney Michael Wynne told U.S. District Judge Ewing Werlein Jr. that Mann posed a flight risk and claimed the former police commissioner had made intimidating statements to three witnesses in the hallway during the trial.

Werlein ordered Mann into custody, citing the severity of the offenses and implied or direct threats to witnesses.

Werlein set aside the verdicts on two of the extortion counts because the alleged victim was out of the country and did not testify in the trial.

Focus on COPS grant

In closing arguments Tuesday afternoon, Assistant U.S. Attorney Jim McAlister said Mann used his position as a police official in the Fort Bend County town to steal money.

"He extorted money from people, he extorted money from the city of Kendleton and he extorted money from U.S. taxpayers," McAlister said.

Mann was accused of misusing a federal COPS grant, a program designed for cities to hire extra police officers. Instead of hiring new officers, he used the grant money to pay officers already on the force. Because the city depended on traffic fines to pay officer salaries, the grant money freed up funds that could then be stolen by Mann and Davis, prosecutors said.

Berg described the charges against Mann as "overblown," and blamed Davis for any theft. He said Davis stole traffic fines and then made a deal with prosecutors to "save his own hide."

Berg said that despite signing the COPS grant application, which was prepared by a consultant, Mann did not know the funds could be used only for hiring new officers.

Wynne said Mann controlled every aspect of the police department and should have known the details of the grant.

Wynne also recalled the testimony of an FBI expert who calculated at least $176,000 was missing from city coffers.

Davis testified that he and Mann split the missing money. Mann could not account for $90,000 in cash deposits to his bank accounts, Wynne said.